Post-mortem testing for paternity

Sarah White considers the difficulties in establishing paternity after the death of an alleged father

Is it possible to determine the paternity of a child once the alleged father is dead? Scenarios requiring postmortem testing, and perhaps even exhumations, are not that rare. In terms of DNA testing, it is definitively possible to carry out testing after the father has passed away, using DNA samples collected from the body of the deceased father. This is, however, rather complex, and many parameters need be taken into consideration. One would need to consider the state of preservation of the body, how long it has been buried (and whether it has been buried at all), as well as other factors that may have contributed to tissue degradation, such as exposure to chemicals, water etc. An expert in the field, usually a forensic pathologist, would then need to consider the types of samples to extract and the most viable samples in such a situation, extract them, package them and send them off for testing.

Because of the many complexities and legal complications involved in the process of collecting samples from the body of the deceased, other options could be considered by individuals and family members who need to establish paternity post mortem (after death).

Exhumations are expensive and are not straightforward to carry out. The burial authority would need to be involved and an exhumation license would be needed; this is all done through the Ministry of Justice. If the person is buried on consecrated ground, the concerned parties will need to get permission from the Diocesan Court. The recognised relatives would need to consent to the exhumation. In some cases, a judge would need to issue a court order for an exhumation to go ahead. People who are in court contesting paternity and claiming to be the biological offspring of the deceased can be faced with insurmountable challenges. The individual/s concerned would need to convince a judge and jury that they could be the biological offspring of the deceased, which means building a very convincing case with enough evidence for the court to believe they might be the biological offspring. They would need to provide hard evidence of a relationship between the alleged, deceased father and their mother, or other proof of family ties, liaisons, affairs and so forth. Given the fact that the recognised family members stand to lose financially and perhaps even emotionally, should another heir be confirmed, they will in most cases do anything within their power to counteract and rebuff the claims made by the alleged child of the deceased.

Using other types of DNA samples

If any living relatives are willing to be tested, however, one can opt for relationship testing. Many DNA testing companies, like Who'zTheDaddy, offer both DNA testing using post-mortem samples and relationship DNA testing. In this case, the DNA of the alleged child can be compared to the DNA of a relative of the alleged father to determine whether there is a genetic relationship. If a genetic relationship is confirmed between the alleged child and other blood relatives of the alleged father, then this indicates that the person claiming to be the biological child of the deceased father is actually related.

Personal belongings of the deceased father can also be used to carry out a DNA paternity test directly between alleged father and child, which can help to avoid costly exhumations. Toothbrushes, hats, reading glasses, dentures and other types of samples can be used in such cases. It is best to consult a DNA-testing company to get an idea of which sample is most suited for testing and which will give the highest probability of successful DNA extraction. Interested parties may also wish to check with hospitals as these may still have access to blood samples of the deceased, or perhaps paraffin embedded tissue samples/ Formalin Fixed Paraffin Embedded DNA (FFPE). FFPE DNA amplification is not ideal, however, as it generally yields very small quantities of DNA. In fact, with paraffin embedded tissue, extraction can be challenging, if not impossible, as the paraffin itself can degrade the DNA stored within it.

Collecting post-mortem samples

The most important question is: has the alleged father been buried or has the burial not yet taken place? If the burial has not taken place, things are easier. The family can themselves collect nail samples from the feet or hands of the deceased, clipping the nails or, ideally, pulling out the entire nail as this can increase the chances of successful DNA extraction and decrease the chances of contamination, as the laboratory can work with the DNA found at the root of the nail. Hair samples can also work; these would need to be plucked out of the body so that they still contain the hair follicle. When it comes to hair DNA testing the hair follicle is extremely important as DNA cannot be collected from any other part of the hair. The shaft of the hair will not yield any viable nuclear DNA.

Bones samples and teeth can also be used. Teeth provide very high chances of successful DNA extraction, especially in cases where the body has been buried for a very long time. Teeth are enclosed in the jaw bone, which adds protection to the tooth and the DNA. Most of the DNA will be stored in the root rather than the crown. Ideally, molars or premolars need to be used.

Bone samples can also be used. Like teeth, these will need to be extracted by a forensic pathologist. In the case of bones, it is not about randomly picking a bone: there are very specific bones which need to be used and laboratory analysts will require a minimum quantity of osseous matter. The best bones to use are: femur, clavicles or the humerus. Generally, long bones will provide better results than other bones. Also, the recommended sample weight is 2 grams. Once in the lab, the bone or tooth will need to be crushed in order to extract the DNA from inside it. Family members will, therefore, not be able to have the sample returned.

Sarah White specialises in the field of DNA and Genetics